Hitisekara Mudiyanselage Wimalasiri v. Commercial Leasing and Finance PLC (now LOLC Finance PLC) – SC CHC Appeal 06/2019-2025

This case concerns an appeal against a Commercial High Court judgment concerning a lease agreement and a guarantee bond. The Plaintiff-Respondent, Commercial Leasing and Finance PLC, sought recovery from the 1st Defendant (lessee) and the 2nd and 3rd Defendants (guarantors). The 3rd Defendant-Appellant challenged the validity of the guarantee bond due to alleged subsequent insertions, the absence of a Sinhala translation for the lease agreement, and the lawful termination of the lease. The Supreme Court affirmed the Commercial High Court’s decision, dismissing the appeal.

A.L. Shiran Gooneratne J. delivered the judgment, finding that alterations to the guarantee bond were not material and did not void the instrument, referencing *Pigot’s Case* and *Raiffeisen Zentralbank Österreich AG